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DULLEA v. OTT

Civ. A. No. 69-1348.

316 F.Supp. 1273 (1970)

Olga F. DULLEA, individually and on behalf of her minor children, Mary Dullea and Lucy Dullea and on behalf of all other persons similarly situated v. Robert F. OTT, individually and in his official capacity as Commissioner of the Department of Public Welfare of the Commonwealth of Massachusetts; Thomas Cyrs, individually and in his official capacity as Director of the Peabody Welfare Services Office; and Jane Hommel, individually and in her official capacity as social worker employed by the Department of Public Welfare.

United States District Court, D. Massachusetts.

September 18, 1970.

Attorney(s) appearing for the Case

Stephen Bardige, Mass. Welfare Rights Organization, Cambridge, Mass., Michael E. Faden, Michael A. Feldman, Boston, Mass., for plaintiffs.

Gregor I. McGregor, Boston, Mass., for defendants.

MEMORANDUM OF DECISION

GARRITY, District Judge.

This is an action brought under 42 U. S.C. § 1983 and its jurisdictional counterpart 28 U.S.C. § 1343(3). Plaintiff has asked for both declaratory and injunctive relief. Two matters are presently before the court: defendants' amended motion to dismiss and plaintiff's motion seeking an order pursuant to Rule 23(c) (1), Fed.R.Civ.P., determining that the action may be maintained as a class action.<...

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